logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2014.11.13 2014노338
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (two years and six months of imprisonment) on the grounds that the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) are inappropriate is too unreasonable. 2) The lower court’s order to attach an electronic tracking device is unfair, even though there is no risk of recommitting a sexual assault crime against the Defendant in an unfair attachment order. The lower court’s order to attach an electronic tracking device is unfair, and the period

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and prosecutor, the Defendant’s confessions and reflects the instant crime; the above crime was sentenced to seven years of imprisonment on July 11, 2008 due to the crime of special robbery, rape, etc. as stated in the first head of the original judgment of the lower court; and the Defendant’s judgment should take into account equity with the case of concurrent crimes as established on September 18, 2008 and the latter part of Article 37 of the Criminal Act at the same time with regard to concurrent crimes; and the Defendant has made efforts to return to society, such as obtaining a certificate of qualification, while living a prison life for about ten years up to the present.

On the other hand, in the case of the defendant's intrusion on the house crime prevention house, which is a female victim's being killed in the middle, after opening the house crime prevention house, and taking property by force, and rapes the victim, the nature of the crime is not good and the possibility of criticism is high.

In light of the fact that the victim stated that he was unable to sleep with the above crime until now and that he did not want to memory, this would cause a significant mental suffering and impulse caused by the victim, but the defendant did not make any effort to recover the damage to the trial.

The above circumstances are unfavorable to the defendant.

The above grounds for sentencing and other circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct, family relation, environment, circumstances surrounding and degree of crime, and circumstances after crime, and the court below shall be punished by death penalty, which is the statutory penalty prescribed by the crime of this case.

arrow